Division I - Collective Bargaining — First collective agreement
81(9)
Notwithstanding subsection (1), the parties may agree to settle a first collective agreement through private interest arbitration.
81(10)
The appointment of a first collective agreement mediator terminates on the appointment of a conciliation officer, mediator or conciliation board.
81(11)
Nothing in this section limits the ability of a trade union or employer from fulfilling the conditions precedent under section 116 of this Act.
81
(1) Where a trade union certified as a bargaining agent and an employer have been engaged in collective bargaining to conclude a first collective agreement and have failed to do so within 60 days after the date notice to bargain was served in accordance with section 72, the minister shall appoint a first collective agreement mediator to assist the parties in concluding a first collective agreement.
81(2)
With the agreement of the parties, the period referenced in subsection (1) may be extended to 75 days.
81(3)
Where the parties have failed to conclude a first collective agreement within 30 days after the appointment of the first collective agreement mediator or after the conditions prescribed in section 116 have been satisfied, either party may make application to the board to inquire into the dispute and where the board considers it advisable, to settle the terms and conditions for the first collective agreement.
81(4)
The board shall consider and make its decision on an application under subsection (3) within 30 days of receiving the application.
81(5)
Where the board decides to settle the terms and conditions of a first collective agreement the board shall
81(a)
appoint a date for and commence a hearing within 21 days of the decision being made;
81(b)
determine all matters in dispute; and
81(c)
release its decision within 45 days of the commencement of the hearing.
81(6)
Where the board settles the terms and conditions of a first collective agreement, those terms and conditions shall be considered to constitute the collective agreement between the trade union and the employer and to be binding on them and the employees, except to the extent that the trade union and employer agree in writing to vary those terms and conditions.
81(7)
Where an application is made under subsection (3), and upon the date the board advises the parties that it will impose a first collective agreement, an employee shall not strike or continue to strike, and the employer shall not lock out or continue to lock out the employees.
81(8)
Notwithstanding subsection (1), the parties may agree in writing, and upon notice to the minister and the board, to make application to the board to settle a first collective agreement and the board shall settle the first collective agreement.
81(12)
Except with the consent of the minister and notwithstanding a law to the contrary, a first collective agreement mediator shall not be required to give in evidence before a court, tribunal, board, commission or conciliation board, or before another body or person, information that he or she has received in the course of his or her duty as a first collective agreement mediator.
Not legal advice. Verify the cited article against the signed agreement.